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MATTER OF McDONALD

CA 11-01676.

100 A.D.3d 1349 (2012)

953 N.Y.S.2d 751

In the Matter of the Trusts for STEPHANIE McDONALD et al., Created in the Will of IGNATIUS S. LUPPINO, Deceased. STEPHANIE McDONALD et al., Respondents; IDALYNN LUPPINO McDONALD, Trustee, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

November 9, 2012.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: In appeal No. 1, respondent (hereafter, trustee) appeals from an order determining that she failed to observe the terms of two testamentary trusts and abused her fiduciary responsibilities with respect to each trust and setting forth a date upon which the matter would be deemed finally submitted,

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